Page 1 of 5 Express Terms Part 201, Permits and Registrations

(Existing Subpart 201-1 through paragra ph 201-2.1(b)(20) remains unchanged.) Existing paragraph 201-2.1(b)(21) is repealed. New paragraph 201-2.1(b)(21) is added to read as follows:

(21) Major stationary source or major source or major facilit y. Any stationary source or any group of stationary sources, any source or any group of sources, or any facility or any group of facilities, that are located on one or more contiguous or adjacent prope rties and are under common control, belonging to a single major industrial grouping and that are described in subparagraph (i), (i i), (iii), (iv), or (v) of this paragraph. For the purposes of this definition, a stationary source, source, or facility or group of stationary sources, sources, or facili ties shall be considered part of a single industrial grouping if all of the air pollutant or air contaminant emitting activities at such stationary source, source, or facility, or any group of stationary sources, sources, or facilities on contiguous or adjacent properties belong to the same major group (i.e., all have th e same two-digit code), as described in the Standard Industrial Classification Manual, 1987. Stand alone or co mmon wall residential hous ing units including compatible commercial activities, which are not regul ated by other applicable requirements, where the potential to emit for individual associated combusti on or emission sources are below major stationary source, major source, or major facility applicability thresholds (notwithstanding that the sum of these

individual combustion or emission sources could ex ceed major stationary sources, major source, or major facility applicability thresholds) shall not be considered a major stationary source, major source, or major facility.Page 2 of 5 (i) Except as otherwise expressly provided in th is paragraph, a stationary source, source, or facility that directly emits or ha s the potential to emit, 100 tpy or more of any air pollutant or air contaminant regulated under the Act (including any major source or facility which emits only fugitive emissions, of any such pollutant, as determined through regulation by the administrator). With the exception of emissions of hazardous air pollutants, fugitive emissions shall not be considered in determining whethe r a facility is major unless it belongs to one of the source categories identified in subparagr aph (iii) of this paragraph.

(ii) For hazardous air pollutants ot her than radionuclides, a stationa ry source, source, or facility that emits or has the potential to emit, in the a ggregate, 10 tons per year (tpy) or more of any hazardous air pollutant as defined in Part 200 of this Title (including an y fugitive emissions of such pollutant), 25 tpy or more of any combina tion of such hazardous air pollutants (including any fugitive emissions of such pollutants), or such lesser quantity as the administrator may establish by rule. The admini strator shall specify the meaning of radionuclides for major stationary sources, major sources , or major facilities by rule . Notwithstanding the preceding sentence, emissions from any oil or gas expl oration or oil and gas production well (with its associated equipment) and the emissions from any pipeline compressor station or pump station shall not be aggregated with em issions from other units, whethe r or not such units are in a contiguous area or under common cont rol, to determine whether such units or stations are major stationary sources, major sources, or major facilities.

(iii) A stationary source, source, or facility that belongs to one of the following source categories and directly emits or has the potential to emit, 100 tpy or more of any air pollutant or air contaminant regulated under the Act (including the fugitive emissions of any such pollutant orPage 3 of 5 contaminant): (a) coal cleaning plants (with thermal dryers); (b) kraft pulp mills; (c) portland cement plants; (d) primary zinc smelters; (e) iron and steel mills; (f) primary aluminum ore reduction plants; (g) primary copper smelters; (h) municipal incinerators capable of char ging more than 50 tons of refuse per day; (i) hydrofluoric, sulfuric , or nitric acid plants; (j) petroleum refineries; (k) lime plants; (l) phosphate rock processing plants; (m) coke oven batteries; (n) sulfur recovery plants; (o) carbon black plan ts (furnace process); (p) primary lead smelters; (q) fuel conversion plants; (r) sintering plants; (s) secondary metal production plants; (t) chemical process plants (excluding etha nol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140); (u) fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;Page 4 of 5 (v) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (w) taconite ore processing plants; (x) glass fiber processing plants; (y) charcoal production plants; (z) fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; (aa) all other source cate gories regulated by a standard under section 111, for which EPA has completed a rule making proceeding under s ection 302(j) of the act or section 112 of the act, but only with respect to those air pollutants or air contaminants that have been regulated for that category as of th e effective date of this Part; or (bb) municipal solid waste landfills

(iv) A stationary source, source, or facility th at is located in a nonattainment area or an

attainment area of the state within the ozone tran sport region where the st ationary source, source, or facility potential to emit equals or exceeds the emissions thresholds (in tpy) identified in clauses (a), (b), (c), (d), or (e) of this subpara graph (including fugitive emissions if the stationary source, source, or facility belongs to one of the source categories listed in subparagraph (iii) of this Paragraph):

(a) For areas classified as marginal or m oderate ozone nonattainment, any stationary source, source, or facility w ith the potential to emit 100 tpy or more of oxides of nitrogen (NOx) or 50 tpy or more of volatile organic compounds (VOC).Page 5 of 5 (b) For areas classified as severe ozone nona ttainment, any stationary source, source, or facility with the potential to emit 25 tpy or more of NO x or VOC.

(c) For attainment areas of the state within the ozone transport re gion, any stationary source, source, or facility with the potential to emit 100 tpy or more of NO x or 50 tpy or

more of VOC.

(d) For areas classified as moderate PM-10 nonattainment, any stationary source, source, or facility with the potential to emit 100 tpy or more of PM-10.

(e) For PM-2.5 nonattainment areas , any stationary source, sour ce, or facility with the potential to emit 100 t py or more of PM-2.5.

(v) For purposes of determining the applicabi lity of Part 231 with respect to Prevention of Significant Deterioration (PSD) requi rements only, a stationary source, source, or facility located

in an attainment area of the state where the stationa ry source, source, or facility potential to emit equals or exceeds 250 tons per year of any atta inment contaminant regulated under the Act; or equals or exceeds 100 tons per year of any attainment contaminant regulated under the Act (including fugitive emissions) if th e stationary source, source, or facility belongs to one of the source categories listed in subpara graph (iii) of this paragraph.

(Existing Paragraph 201-2.1(b)(22) th rough Subpart 201-8 remains unchanged.)